MIAN NA8IR AXE YAR, J. - Mst. Maryyam, petitioner claims that out of the special quota meant for widows, plot No. 437, Block No. 4 Sector A-2, Lahore Township Scheme was allotted in her name bid subsequently another woman (respondent No3) who claimed to be Marryam Bibi, widow of Lai Din obtained allotment of (dot No. 43/N-3-BH, Green Town Scheme, Lahore. The departmental authority refused to regularise allotment of plot No. 437/4 in the name of the petitioner on the ground that she had obtained double allotment. Learned Legal Advisor for the LDA raised a preliminary objection that the petition involves disputed questions of fact which could not be properly decided by this Court in exercise of constitutional jurisdiction. He adds that the questions whether there are two different ladies with the same name and personal particulars or whether one woman had obtained double allotment of {dote and whether the identity card issued in favour of Mst. Mrrayam Bibi, respondent No.3 was fictitious would require determination through evidence.
Therefore, the petitioner may file a civil suit to protect her rights.
2. In view of the preliminary objection raised by the Legal Advisor of the LDA the petitioner's learned counsel prays that he may be allowed to withdraw this petition so that the petitioner may resort to the alternate remedy of filing the civil sui.